Thursday, December 29, 2011
Tuesday, December 20, 2011
Friday, December 16, 2011
Bill of Rights Day 12/15/09
Monday, December 5, 2011
For more advice on what to do when confronted by law enforcement be sure to look at the videos and articles on the Attorney For Freedom website.
Friday, December 2, 2011
East Valley DUI Task Force kicks off Friday, December 4th : Press Releases - Arizona Department of Public Safety
The best advice I can offer regarding a DUI is not to drink alcohol and then drive a motor vehicle. Besides risking being prosecuted for a criminal offense, driving while impaired can easily result in a serious accident or death of a person. Such a situation will likely result in a prosecution for either an Aggravated Assault or a Manslaughter. Prosecutors generally seek prison sentences for such crimes. Few circumstances can change a person's life faster than causing the death of another person by driving while impaired. Many people are unaware that driving with an alcohol level below the legal limit can also result in a prosecution for a DUI. Even over the counter medications or prescription medications can be the basis for a DUI charge if those medications result in the slightest impairment to a driver. If you plan to drink alcohol, take a taxi or use a designated driver. It is better than ruining your life or some else's life in an instant.
If you are pulled over by an officer who suspects you may be impaired, you should not answer any questions. You are not ever required to answer questions posed by a police officer. You are required to present your driver's license, vehicle registration and proof of insurance. Generally speaking, refusing all tests at the roadside is the better choice. Even completely sober drivers can fail many of those tests. In any event, it is the officer who decides how you performed on those tests. You may not agree with the officer's conclusion. You may be required to exit your vehicle whether you are the driver or the passenger. You should always request to speak to an attorney immediately.
Punishments for DUI offenses include mandatory jail, mandatory fines, counseling, license suspensions, ignition interlock devices and generally cause insurance rates to increase. Punishments are severely increased for multiple DUI convictions. Committing a DUI while your driver's license is suspended or revoked for any reason can result in prosecution for a felony offense. A felony conviction can haunt you for the rest of your life. DUI is an easy crime to avoid. Adults of legal age should feel free to drink alcohol, but are required to do so responsibly. Driving after drinking alcohol is not responsible, and can easily result in dramatically changing your life for the worse in an instant. In short, don't do it.
My client was a wife and middle-aged mother of two young children who she drove to school Monday through Friday. She also worked a full time job located a substantial distance from her home. She had no prior contacts with the law; until now.
She called me about a month ago and told me of her past evil doings. When she was a teenager living in another state, she accidentally caused an automobile accident. As a result, that state required her to purchase the expensive SR-22 insurance. She did. Many years later, she moved to Arizona where she was informed she was not required to purchase the SR-22 insurance. She didn't.
The first state then suspended her privilege to drive and promptly notified Arizona. Because she was suspended in the other state, Arizona suspended her license as well. After being notified of the suspensions, my client immediately paid a small fee to the other state and was reinstated. At my client's request, the other state sent a clearance letter to Arizona. Arizona informed her that they received the clearance letter and everything was fine. Arizona didn't inform her that she needed to pay a reinstatement fee. As a result, my client drove for years without knowing her Arizona license remained suspended.
One day, my client was the unfortunate victim of a small automobile accident. After the police officer arrived to "help," it was discovered that my client's license was suspended. Despite immediately paying the previously unknown but all important reinstatement fee, my client was nonetheless charged with the crime of driving on a suspended license.
She reasonably thought she could easily resolve the matter in court. However, after being told by the judge that jail was an option and a six-month license suspension was mandatory, I'm sure I was the first phone call. I wasn't optimistic. It was an easy slam-dunk for the prosecutor. I accepted her case and agreed to try and make a deal to resolve it quickly. I thought maybe the prospect of my client losing her job and her kids not being able to go to school would resuscitate some long lost spark of compassion buried deep in the spot where the prosecutor's heart used to reside. Yeah right!
My client's case was assigned to Ms. Hitler for prosecution. My sentimental requests for leniency were immediately smashed with an iron fist. Ms. Hitler responded with the novel argument, "The law is the law." Ms. Hitler was angered when I was not persuaded by her favorite argument and indeed wanted to joust with her supervisor instead. Not surprisingly, Ms. Hitler's supervisor Mr. Stalin was equally unimpressed with my arguments. We were forced into a trial. What fun!
As the trial began, I couldn't wait to discover what defense I would argue to the judge. Incidentally, this is not my favorite way to try a case. Ms. Hitler called the "helpful" police officer to the stand who testified that she arrived at the accident scene, obtained my client's driver's license and discovered it was suspended. No cross-examination.
Ms. Hitler then moved to admit a certified copy of my client's driving record indicating it was suspended. I objected based on every reason I could argue with a straight face. The driving record was admitted and Ms. Hitler rested the state's case.
I don't think Ms. Hitler enjoyed it when I then requested that the court enter a judgment of acquittal for my client because the helpful officer friendly didn't actually see my client driving. Just for fun, I added that I wasn't calling any witnesses so there could be no rebuttal testimony for the state. Because the judge wasn't laughing and Ms. Hitler was getting even madder, I added that the helpful officer was guessing about who was driving the cars. We won.
After the judge left the bench and my elated client departed, Ms. Hitler felt obligated to enlighten me to the fact that, "Sometimes the dragon wins." Upon further inquiry, I learned Ms. Hitler wasn't initially certain whether my client or I was the dragon she was referring to. Apparently, she was absent during "think before you speak" class at prosecutor's school. Eventually, she decided my client was the dragon.
The twenty-five minutes of Ms. Hitler bashing that followed was worth the price of admission for me. The slaying of the dragon slayer was a quiet victory that day. One nice family was rescued from a jungle of craziness inhabited by a helpful police officer and a prosecutor who treats everyone equally.
Attorney Marc J. Victor
Friday, November 11, 2011
Wednesday, November 9, 2011
To have freedom, 'let people be free'
an article by Dary Matera
News item: A judge pro tem was fired Thursday, his first day on the
job, for refusing to hear drug cases.
The late March story went on to say that the Mesa criminal defense
attorney, a marijuana legalization activist and member of NORML
(National Organization for the Reform of Marijuana Laws), felt he
couldn't honestly dole out the required mandated punishment for drug
Intrigued, I gave the guy, Marc Victor, a call to set up a bong
session . . . I mean an interview.
Driving to his, I had visions of Jerry Garcia in pinstripes, hanging
out in a psychedelic office with black light posters of Kurt Cobain
on the wall. Ten to one, a refurbished VW van with shag carpet would
be parked outside.
No such luck. Victor, 34, turned out to be a teetotaling, ex-Marine
sergeant who operates out of a glass and concrete business complex he
shares with mortgage brokers, life insurance companies, PR firms, and
someone who does "endodontics," a dental procedure that requires that
you get really high first.
Inside this sea of conservatism lurks a squeaky clean Desert Storm
vet with the look of a Republican but the soul of a rebel.
"It's not about drugs or legalization. It's about the violation of
the right of self-ownership," the married father of three young
children said. "I'm fighting for the right of the individual against
government intrusion. If you want freedom, then damn it, you have to
let people be free - even if you don't agree with it."
In other words, Victor is not a big fan of victimless crimes or
legislating what adults can do with their bodies.
Granted, Victor's career sacrifice wasn't derailing. Judge pro terms
are unpaid attorneys who fill in for full-timers.
Still, the legal dodge is a vengeful, good-ol'-boy network, and
Victor's stance took no small amount of courage, especially for a man
with aspirations of becoming an appellate judge.
If that's now the impossible dream, Victor can live with it. In fact,
as much as his refusal to handle drug cases was blown up in the
press, it could have been a lot worse. Victor said he also would have
refused to handle gun possession, gambling, zoning or prostitution
"If adults want to rent their bodies to other adults, they should
have the right to do so," he said.
Strong words from a bull-doggish Marine who hits the gym at 4:30 a.m.
six days a week to pump iron. A man who wouldn't think to poison his
compact, 5-foot-5 body with drugs or alcohol, but refuses to judge
those who do.
Warming up, Victor said the American judicial system is collapsing
under the weight of unnecessary drug cases. In Arizona, he said he
believes it's verging on an implosion.
He's considering running for county attorney on a platform of doing
away with drug laws and other victimless crimes, and re-emphasizing
the prosecution of quaint, old school criminals such as murderers,
thieves and rapists.
Right on! He'd get my vote.
Dary Matera, a new community columnist, is an author who lives in
Chandler. The views expressed are those of the author. He may be
reached at firstname.lastname@example.org.
Monday, October 31, 2011
Monday, October 24, 2011
Tuesday, October 18, 2011
Monday, October 10, 2011
Arizona Canna Kush Girl Contest and Medical Marijuana Expo
Saturday, October 8, 2011 at 5:00 PM - Sunday, October 9, 2011 at 2:00 AM (MT) Tempe, AZ.
The Law Office of Marc J. Victor (Attorney For Freedom) was at the Camp 420 Medical Marijuana Event in Tempe on Saturday.http://azcannakushgirl.eventbrite.com
Friday, October 7, 2011
Tuesday, October 4, 2011
The annual Rainbows Festival is a free admission event — there is no charge to attend this fun weekend of fun, frolic and food. The event is open to the general public.
Wednesday, September 28, 2011
Tuesday, September 27, 2011
War On Terror Or War On Freedom?
A recent major investigative report by the Los Angeles Times sheds light on what all this “war on terror” is actually costing–and actually accomplishing. According to the report, “A decade after the Sept. 11, 2001, attacks on the World Trade Center and the Pentagon, federal and state governments are spending about $75 billion a year on domestic security, setting up sophisticated radio networks, upgrading emergency medical response equipment, installing surveillance cameras and bombproof walls, and outfitting airport screeners to detect an ever-evolving list of mobile explosives.
“But how effective has that 10-year spending spree been?
“‘The number of people worldwide who are killed by Muslim-type terrorists, Al Qaeda wannabes, is maybe a few hundred outside of war zones. It’s basically the same number of people who die drowning in the bathtub each year,’ said John Mueller, an Ohio State University professor who has written extensively about the balance between threat and expenditures in fighting terrorism.”
The LA Times report goes on to say, “Like the military-industrial complex that became a permanent and powerful part of the American landscape during the Cold War, the vast network of Homeland Security spyware, concrete barricades and high-tech identity screening is here to stay. The Department of Homeland Security, a collection of agencies ranging from border control to airport security sewn quickly together after Sept. 11, is the third-largest Cabinet department and–with almost no lawmaker willing to render the U.S. less prepared for a terrorist attack–one of those least to fall victim to budget cuts.
“The expensive and time-consuming screening now routine for passengers at airport boarding gates has detected plenty of knives, loaded guns and other contraband, but it has never identified a terrorist who was about to board a plane. Only 14 Americans have died in about three dozen instances of Islamic extremist terrorist plots targeted at the U.S. outside war zones since 2001–most of them involving one or two home-grown plotters.”
The report also notes, “Large sums of Homeland Security money, critics complain, have been propelled by pork barrel politics into the backyards of the congressionally connected.”
See the LA Times report at:
Add to the LA Times report a report by Madison Ruppert. In the report, Ruppert notes that it is clearly the Bill of Rights–especially the First Amendment’s freedom of speech and the Second Amendment’s right to keep and bear arms–that are suffering the most egregious attacks from the federal government’s “war on terror.”
Ruppert concludes his report saying, “In short, despite the fact that all the statistics and data in the world directly contradict the report’s findings and the claims made by clearly biased ‘experts’ on the threat of terrorism, especially of the homegrown variety, the HSPI [Homeland Security Policy Institute] and other bodies continue to fearmonger and lie to the American people to keep us scared while they empty our pockets and continue their imperialistic adventures in the Middle East and now North Africa.”
See Ruppert’s column at:
Back to the Times report, not only do we Americans have about an equal chance of dying at the hands of a terrorist as we do dying in our own bathtubs, we have a much greater risk of dying at the hands of prescription drugs–something lawfully encouraged and tightly controlled by the US government. According to a recent report, more people now die each year from prescription drugs than from automobile accidents. That’s some 37,000 deaths via prescription drugs annually! (Come to think of it, how many people do you know who have died from marijuana?) And as hard as it will be for some people to accept, this number is gigantically greater than those who die from hard drugs such as heroin or crack cocaine. In fact, the prescription drug Vicodin, by itself, has killed more people than cocaine and heroin combined.
See the report on prescription drug deaths at:
So, what has this trillion-dollar “war on terror” accomplished? If it’s not making us more secure, what is it doing? Well, for one thing, it has created a stupendous surveillance society. Virtually every piece of public communication is now captured and stored by the federal government. Surveillance cameras are now ubiquitous throughout the United States. We have a gargantuan federal police department (which is anathema to the US Constitution): the Department of Homeland Security. We have thousands of Orwellian laws, most of which were spawned by the Patriot Act. And more and more often, law enforcement agencies are demonizing US citizens for their religious and political beliefs and statements–even categorizing them as potential domestic terrorists based simply on those religious and political beliefs.
To refresh reader’s minds regarding how Americans have been labeled, profiled, and denigrated as “terrorists” because of their religious or political beliefs, please peruse the material on this web page:
Fortunately, it does appear that the combination of an emerging police state and a declining economy that has resulted from this “war on terror” is finally starting to catch the attention of the American people. According to a Brooking Institution report, “Six in ten Americans believe that that the United States weakened its economy by overspending in its responses to the 9/11 attacks. In particular, respondents felt this was especially true of the U.S. mission in Iraq. Two out of three Americans perceive that over the decade since 9/11, U.S. power and influence in the world has declined.”
A Rasmussen report further revealed, “As with the recent turmoil in Egypt, most Americans (67%) say the United States should leave the situation in the Arab countries alone.”
Beyond that, “A Zogby poll conducted in August 2007 found that 51% of Americans want Congress to probe Bush/Cheney regarding the 9/11 attacks, two-thirds (67%) of Americans say the 9/11 Commission should have investigated the collapse of World Trade Center Building 7.”
See the BlacklistedNews.com report containing the above survey results and more at:
The LA Times is right to question what Americans are getting for their $75 billion a year contribution to the “war on terror.” Some could even argue–with convincing data–that the “war on terror” is in reality a “war on freedom.”
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© Chuck Baldwin